Untitled - Lambeth Council

ADDRESS: Unit 1, Higgs Industrial Estate, Herne Hill Road, London SE24 0AU
Application Number: 15/01024/FUL
Case Officer: Ruth Smithson
Ward: Herne Hill
Date Received: 16/02/2015
Proposal: Refurbishment of existing two storey Sureway International Christian Ministries
building (known as Site 2) including the set back of the ground floor frontage on
Coldharbour Lane. Extension of the existing building to create a block up to five storeys in
height, providing a D1 use (with ancillary B1 floorspace) and five residential flats (use class
C3).
Drawing numbers:
315/MP-010-P-P1
rev 18
315/MP-050-P-P2
rev 18
315/MP-051-P-P2
rev 18
315/MP-053/P-P2
rev 18
315/MP-060-E-P2
rev 18
315/MP-061-E-P2
rev 18
315/A-U1_e_Unit1Existing
rev 18
315/MP-100-P-P2
rev 18a
315/MP-101-P-P2
rev 18
315/MP-102-P-P2
rev 18
315/MP-103-P-P2
rev 18
315/MP-104-P-P2
rev 18
315/MP-110-P-P2
rev 18
315/MP-200-E-P2
rev 18
315/MP-201-E-P2
rev 18
315/A-BG_P1_Block G rev
18
315/A-BG_P2_Block G rev
18
315/A-BG_E1_Block G rev
Site Location Plan
Existing Ground
Floor Plan
Existing First Floor
Plan
Existing Roof Plan
Existing Herne Hill
Elevation
Existing Coldharbour
Elevation
Existing Elevations
Block 1
Proposed Ground
Floor
Proposed First Floor
Proposed Second
Floor
Proposed Third Floor
Proposed Fourth
Floor
Proposed Roof Plan
Proposed East
Elevation
Proposed North
Elevation
Proposed Plans
Block G
Proposed Plans
Block G
Proposed Elevations
Block G
18
315/A-BG_E2_Block G rev
18
Proposed Elevations
Block G
Documents:
Design and Access Statement revision 18
Planning Policy Statement prepared by PPM Planning dated February 2015
Internal Daylight, Sunlight and Overshadowing Report prepared by GIA dated 12/02/2015
Construction Method Statement dated 16/02/2015
Statement of Community Involvement dated 16/02/2015
Ecological Scoping Survey Report prepared by Greenlink Ecology Ltd and dated
29/01/2015
Phase 1 Desk Top Study Report dated November 2014 and covering letter dated
26/01/2015 both by Herts and Essex Site Investigations
Energy Assessment prepared by Create Consulting dated September 2014 with
amendment dated 12/02/2015
Utilities Statement Volume 1 of 2 prepared by Create Consulting dated September 2014
with amendment dated 12/02/2015
Flood Risk Assessment prepared by Create Consulting dated September 2014 with
amendment dated 12/02/2015
Sustainability Statement prepared by Create Consulting dated September 2014 with
amendment dated 12/02/2015
Air Quality Assessment prepared by Create Consulting dated September 2014 with
amendment dated 12/02/2015
Acoustic Assessment prepared by Create Consulting dated September 2014 with
amendment dated 12/02/2015
Transport Statement prepared by TTP Consulting dated February 2015
RECOMMENDATION:
1.1
Resolve to approve the application, subject to conditions and completion of s106
agreement and to any direction as may be received following further referral to the Mayor of
London.
1.2
That if the Section 106 Agreement is not signed by 21st June 2015 the Director of
Planning and Development be given delegated powers to consider refusing the application
in the absence of a legal agreement.
1.3
In the event that the committee resolves to refuse planning permission and there is a
subsequent appeal, delegated authority is given to officers, having regard to the heads of
terms set out in the report, to negotiate and complete a Section 106 agreement in order to
meet the requirements of the Planning Inspector.
Associated Application: Higgs Industrial Estate, Herne Hill Road, London, SE24 0AU
Application Number: 15/01062/FUL
Proposal: Demolition of existing buildings on site (known as site 1). Mixed use
redevelopment providing five new-build blocks (between 5 and 8 storeys in height)
comprising 3,633m2 of class B1 and B2 floor space and 124 residential units (Class C3) (50
Affordable), with associated car/cycle parking, hard and soft landscaping.
Applicant: Sureway International
Agent: Parritt Leng Ltd
Christian Ministries
SITE DESIGNATIONS
Relevant site designations:
MDO33- Loughborough Junction Major
Development Opportunity (UDP 2007).
LAND USE DETAILS
Site area
0.1ha
Use Class
Use Description
Floorspace
Existing
D1
Place of Worship
1058m2
Proposed
D1
C3
Place of Worship
Residential
1324m2
1859m2
RESIDENTIAL DETAILS
Residential Type
Existing
Proposed
Private flats
Private houses
Social rented flats
Private Flats
Affordable rented flats
No. of bedrooms per unit
1
2
3
2
2
4
1
5+
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PARKING DETAILS
Existing
Proposed
Car Parking
Spaces
(general)
5
5
Car Parking
Spaces
(Disabled)
0
0
Bicycle
Spaces
Motorbike Spaces
0
25
0
0
EXECUTIVE SUMMARY
The proposal results in the development of the site for mixed-use purposes providing 5 new
homes and an additional 266m2 of D1 floorspace. The land use implications of the scheme
are compliant with the land use policies of the London Plan, the Core Strategy and the UDP.
It is considered that the standard of residential amenity for future occupiers is acceptable; all
of the new dwellings have been designed to meet the Mayor’s London Housing Design
Guide and the Council’s SPD (Housing Development and House Conversions) in terms of
size and layout. In addition, the development is inclusive of generous on-site amenity space
provision.
The application has been subject to detailed pre-application discussions through the
Council’s Planning Performance Agreement process. The scheme was presented to the
Council’s Strategic Panel in January 2015 and the PAC Members Technical Briefing in
March 2015. The application is a resubmission of application 14/04826/FUL which was
refused planning permission at the Planning Applications Committee on 25th November
2014. Officers have assessed the proposals in relation to national, strategic and local
design policy guidance contained within the NPPF, London Plan Policies, Saved UDP
Policies and the adopted Core Strategy.
The key planning issues relating to this case are:
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The principle of led mixed use development onto the application site, having
particular regard to the development plan designations;
The principle of additional D1 floorspace;
The quality of the residential accommodation to be provided and whether
sufficient on-site amenity space is provided for future residents;
The impact of the proposed development upon the surrounding townscape
and wider views;
Whether the development is of a sufficiently high quality of design and
architecture,
Whether the development would achieve suitable commitment to sustainable
design and construction and the use of renewable energy technologies;
The impact of the development upon neighbouring residential amenity in
terms of privacy, overbearing, overshadowing, daylight and sunlight;
The adequate provision of car and cycle parking as part of the development;
The impacts of the development upon the function and safety of the highway
network (both pedestrian and vehicular), parking stress in the vicinity and
public transport capacity; and
The impact of the development upon local infrastructure and, where harm is
identified, whether appropriate/sufficient mitigation would be provided to make
the development acceptable in planning terms.
Officers consider that the development would be in general compliance with the
Development Plan for the Borough and there are no material considerations of sufficient
weight that would dictate that the application should otherwise be refused. The provision of
additional residential units in this location would not result in harm to existing, neighbouring,
residential properties. It is considered that the extension of the D1 use to provide ancillary
offices is acceptable, providing the floor plan is laid out as proposed. Officers are therefore
recommending approval of the scheme, subject conditions and completion of a Section 106
Agreement in accordance with the presumption in favour of sustainable development
conferred upon Local Planning Authorities by the National Planning Policy Framework
(NPPF).
The subject application has been made to overcome the recently refused application for a
similar development under reference 14/04835/FUL. The reason for refusal on this
application is as detailed below and the following key amendments that have been made to
address this reason.
Insufficient information has been submitted to demonstrate that the proposal would not have
an unacceptable impact on pedestrian safety contrary to Saved UDP policy 9.
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Ground floor wall fronting Coldharbour Lane and the junction with Herne Hill Road
set back by 1 metre.
Main church entrance on Coldharbour Lane widened.
Residential entrance has been relocated away from the church entrance and onto
Herne Hill Road.
OFFICERS REPORT
Reason for referral to PAC: The application is reported to the Planning Applications
Committee as it is considered to be linked to application 15/01062/FUL which is
reported to Planning Applications Committee in accordance with 1(ii) of the
Committee’s terms of reference as they relate to a major application providing more
than 10 homes and more than 1000m2 of commercial floorspace.
1
SITE AND SURROUNDINGS
1.1
The Higgs Industrial Estate is located to the south of Coldharbour Lane and the west
of Herne Hill Road. The Industrial Estate is bounded by railway viaducts to the south
and west with the platforms to Loughborough Junction Station extending along the
viaduct to the west, and Herne Hill Road to the east. The 0.6ha site is subject to two
planning applications with application 15/01062//FUL concerning the majority (0.5ha)
of the site (known hereafter as Site 1), and application 15/01024//FUL concerning the
northernmost element of the site containing Unit 1 (0.1ha) of the estate (known
hereafter as Site 2). The site has been split into two applications due to land
ownership and it is noted that there are different applicants for the two applications.
Whilst the applications relate to each other and it is hoped that the two schemes would
be developed together, each application must also be considered and assessed on its
own merits.
1.2
Site 1 is currently made up of one and two storey industrial buildings comprising of 8
units, providing 1901m2 of Use Class B1 employment floor space and 1454m2 of Use
Class B1/B2 employment floor space with a total of 3355m2 employment floorspace.
The existing buildings do not have any significant architectural merit. It is noted that
the existing floorspace within the current applications, differs from that in the previously
refused applications on site which was 3769m2. This is explained by the removal of
mezzanine floors within units 3 and 4 which contained 411m2 of employment
floorspace and were retrofitted to the original units; the mezzanine floors were integral
to the machinery the occupier of those units, MDM Props.
1.3
Site 2 is located to the north of Site 1 and currently comprises of buildings 2-3 storeys
in height and contains Sureways International Ministries. This building contains a mix
of D1 and B1 uses amounting to 1058m2 of floorspace.
1.4
The site is located within a mixed use area. Accessible arches surrounding the site
tend to be used for light and general industry. To the south of Higgs Industrial Estate,
the other side of the railway viaduct and the arches is a further low scale industrial
estate access via Hardess Street. To the west of Higgs Industrial Estate, the other
side of the railway viaduct, are further industrial buildings 2-3 storeys in height and
currently occupied by a garage and MOT centre and a Mosque.
1.5
To the east of the northern half of the site, on the opposite side of Herne Hill Road the
subject site is faced by industrial uses based in the arches of a railway viaduct
including a car wash and a garage and MOT centre. To the east of the southern half
of the site, on the opposite side of Herne Hill Road is a two storey health centre and
two, 2-storey semi-detached buildings; one of which appears to be residential and the
second a further garage use.
1.6
The site has a PTAL level of 3, with a higher level of 4 in the north-western edge of the
site and Site 2 is located on the opposite side of Coldharbour Lane to Loughborough
Junction Railway Station. There is an existing bus stop outside Site 1 which serves
the P4 bus route. There are further bus stops on Coldharbour Lane and within walking
distance of the site which serve bus routes 35, 45 and 345. Pedestrian and vehicular
access to Site 1 is gained from Herne Hill Road. With regard to Site 2 vehicular
access whilst this is via the same vehicular access as Site 1, the existing building has
a pedestrian access from Coldharbour Lane as well as a door on Herne Hill Road.
The site is not within a controlled parking zone (CPZ); however the opposite side of
Herne Hill Road is within the Camberwell ‘A’ CPZ.
Figure 1: Development Site in Context
2
PROPOSAL
2.1
Planning permission is sought for the refurbishment of and extensions to the existing
two storey Sureways International Christian Ministries building to create a mixed use
scheme up to five storeys in height, providing additional D1 floorspace in the form of
ancillary office and administrative space to the existing church and five residential flats
(Use Class C3).
2.2
It is proposed to retain the majority of existing building fabric at ground and first floor
but to inset the front building line at ground floor level by approximately 1 metre where
it fronts Coldharbour Lane and the corner with Herne Hill Road. Further alterations are
proposed with regard to the insertion of larger windows and doors. A three storey
extension is proposed on top of the existing building; this would follow the curved
building frontage however the second and third floor would be set back from the front
elevation, with the fourth floor set further back from the floors below. The building
would measure a maximum height of 17 metres.
2.3
It is proposed to retain the church use at ground and first floor with no increase in size
in the building at on these levels. There is a decrease in the church floor area at
ground and first floor to allow for the stair core for the residential units on the third and
fourth floors. The church would retain the current form with an open ground floor and
a galleried level at first floor looking into the worship space, the building would be
altered at first floor level to bring the side elevation away from the existing railway
viaduct and this would result in a decreased church floorspace at this level. Toilets, a
small kitchen and office space is also provided at first floor level which would replicate
the existing first-floor floor plan.
2.4
The newly created second floor would contain ancillary administrative offices for the
church function and in total would have a floor area of approximately 282m2.
2.5
At third and fourth floors five residential flats are proposed. These would be market
housing and would comprise of two 3-bed unit, two 2-bed units and one 4-bed unit.
2.6
Pedestrian access to the church will be gained primarily from Coldharbour Lane. The
existing entrance and exit will be widened and will lead to a large vestibule area. The
existing secondary access on the corner of Herne Hill Road will be removed. There
would be a secondary access at the rear of the building which would provide access to
the proposed car park. The church currently has 5 car parking spaces, which will be
retained within the proposed scheme. The car parking spaces are currently accessed
through the Higgs Industrial Estate. The spaces are located to the rear of the block
within a gated car park together with 17 cycle spaces for the church use. During the
development of Site 1, vehicular access to these spaces will be using a temporary
access to the south of the building (and to the north of Block A within Site 1). Once
Site 1 is complete access to the vehicular spaces will be via the main access road in
Site 1 and the temporary access will be stopped up and would become a pedestrian
only access. If Site 1 is not developed the vehicular access to the church will remain
as present.
2.7
The key differences between the subject application and that most recently refused are
the following;
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Increased in width of main church pedestrian access.
Inset of ground floor front elevation by approximately 1 metre.
Relocation of proposed residential access and residential cycle store to Herne Hill
Road
Removal of previously proposed conference/function hall with the space now proposed
to be used for ancillary church offices.
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Figure 2: Proposed Herne Hill Road Elevation
Figure 3: Proposed Coldharbour Lane Elevation
Figure 4: Artists Impression of proposed development
3
RELEVANT PLANNING HISTORY
3.1
The wider site is subject to the following recent relevant planning history:
3.2
Site 1
02.02.1987 – Planning permission granted for the change of use of residential
accommodation on second floor to offices. (86/00203/PLANAP)
13.06.1991 – Planning permission granted for the alterations to the front and side
elevation of unit 8, together with the formation of an extended mezzanine floor,
together with the provision of 2 additional car parking spaces. (91/00325/PLANAP)
19.12.2014 – Planning permission refused for the demolition of existing buildings on
site (Known as site 1). Redevelopment of site to provide five new-build blocks
(between 6 and 10 storeys in height) comprising 3,800m2 of class B1 and B2 floor
space and 146 residential units (Class C3) (58 Affordable), with associated car/cycle
parking, hard and soft landscaping. (14/04826/FUL)
Reasons for Refusal
1)
The proposed development is unacceptable, by reason of its design (height, bulk,
scale and massing) and, layout would constitute overdevelopment of the site
exceeding the London Plan's density guidelines and result in an unacceptable level of
amenity for prospective residential occupiers of the development by way of an undue
sense of enclosure, unacceptable overlooking and poor quality children's playspace
contrary to Core Strategy policy S2, Saved UDP policies 33 and 50 and London Plan
Policy 3.4.
3.3
Site 2
19.03.2002 – Planning permission refused for the change of use from warehouse
general industrial (B2) to place of worship (D1). (01/02667/FUL). This application was
subsequently allowed on appeal to the Planning Inspectorate.
27.06.2003 – Planning permission granted for the erection of two storey extension to
south / yard elevation of unit 1, with wheelchair access ramp, for use ancillary to the
existing place of worship. (03/00833/FUL)
19.12.2014 – Planning permission refused for the refurbishment of and extensions to
existing two storey Sureway International Christian Ministries building (known as Site
2) to create a block up to five storeys in height, providing additional class D1 and B1
floorspace and five residential flats (use class C3). (14/04835/FUL)
1)
Insufficient information has been submitted to demonstrate that the proposal would not
have an unacceptable impact on pedestrian safety contrary to Saved UDP policy 9.
3.4
It is noted that number 2 Herne Hill Road, which forms part of Site 1, has most recently
been used as a place of worship. However, this does not appear to be a lawful
planning use on this site.
3.5
There is a further place of worship within Unit 8 of Higgs Industrial Estate. This also
appears to be unlawful and is currently subject to a planning enforcement investigation
(14/00228/3COU).
4
CONSULATIONS
4.1
Statutory Consultees
4.1.1 Greater London Authority – No response received to date.
4.1.2 Development Control Department Thames Water - No objection. Surface water to be
managed by the development and should not connect to network for removal. No
impact piling shall take place until a piling method statement is approved.
4.1.3 London Wildlife Trust – No response received to date.
4.1.4 London Ecology Unit– No response received to date.
4.1.5 London Fire Brigade– No response received to date.
4.1.6 Highways Agency– No response received to date.
4.1.7 English Heritage - No comment on the application which should be determined in
accordance with local and national policy and the Council’s specialist conservation
advice.
4.1.8 Transport for London – No objections raised subject to conditions and s106.
4.1.9 English Heritage: Archaeology – No archaeological requirement.
4.1.10 Natural England - No objection. Reference to NE Standing Advice in respect of
protected species, local sites of biodiversity importance and impact risk zones for Sites
of Special Scientific Interest.
4.1.11 Environment Agency– No objection subject to condition.
4.1.12 Network Rail – No objection subject to subject to details regarding the proposed
demolition and construction to ensure that the development does not impact on
Network Rail’s Assets.
4.2
Other Consultees
4.2.1
Loughborough Junction Action Group - No response received to date.
4.2.2
Brixton Business Forum - No response received to date.
4.2.3
Brixton Business Improvement Districts- No response received to date.
4.2.4
Brockwell Park Management Advisory Committee- No response received to date.
4.2.5
Brockwell Park Tenants and Residents- No response received to date.
4.2.6
Brixton Society- No response received to date.
4.2.7
Camberwell Society- No response received to date.
4.2.8
Central Brixton Housing Forum- No response received to date.
4.2.9
Dorchester Court Residents Association- No response received to date.
4.2.10 Dulwich Residents Association- No response received to date.
4.2.11 Friends of Brockwell Park- No response received to date.
4.2.12 Friends of Vauxhall Park- No response received to date.
4.2.13 Friends of Ruskin Park- No response received to date.
4.2.14 Herne Hill Society- No response received to date.
4.2.15 Herne Hill and Parkview Residents Association- No response received to date.
4.2.16 Guinness Trust Loughborough Park Tenants Association- No response received to
date.
4.2.17 Herne Hill and Park View Tenants Association- No response received to date.
4.2.18 Herne Hill Traders Association- No response received to date.
4.2.19 Hurst Street Tenants Association- No response received to date.
4.2.20 Moorlands Estate Management Steering Group- No response received to date.
4.2.21 Meath Estate Tenants and Residents Association- No response received to date.
4.2.22 Milton Road Residents Group- No response received to date.
4.2.23 Milkwood Residents Association- No response received to date.
4.2.24 Mursell Estate Tenants and Residents Association- No response received to date.
4.2.25 Ruskin on the Hill Residents Association- No response received to date.
4.2.26 Rymer Street Action Group- No response received to date.
4.2.27 Shakespeare Road Residents Association- No response received to date.
4.2.28 Southwyck House Tenants Association- No response received to date.
4.3
Adjoining owners/occupiers
4.3.1 A site notice was displayed from 6th March to 27th March and the application was
advertised in the local paper on 6th March. The formal consultation period ended on
27th March. In response to consultation 21 letters of representation have been
submitted.
4.3.2 21 letters of objections were received from the occupiers of adjoining properties a
summary of the concerns raised is set out below:
Summary of objections
Land Use
A community of businesses and shops need to be established.
There is a need for an urban industrial estate.
The affordable housing will not be affordable.
The church does not need extending.
Overpopulation
Amenity
The proposed additional storeys would overwhelm Coldharbour
Lane.
The proposed roof extension would cast shadow on the
surrounding area.
Transport
There is no capacity at Loughborough Junction Station.
The pathways around Loughborough Junction are too narrow.
There is high parking stress, exacerbated by Sunday churchgoers.
The vehicular access to the site is not clear or easily accessible.
Other
The development is too high in design terms.
Local primary schools are oversubscribed
The design fronting Coldharbour Lane is ugly and ill-thought out.
The proposed scheme would increase the flood risk in the area.
The church is not a community centre.
Not material planning considerations
The development should wait for the masterplan.
Response
See para. 6.1.6
See para. 6.1.3
See para. 6.1.8
See para. 6.1.3
See para. 6.1.8
See para. 6.2.2
See para. 6.4.2
See para. 6.5.4
See para. 6.5.8
See para. 6.5.4
See para. 6.5.9
See para. 6.2.2
See para. 6.2.3
See para. 6.7.12
See para. 6.1.3
See para. 6.5.5
4.3.3 No letters of support were received as a result of the public consultation.
5
POLICIES
5.1
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning
decisions to be made in accordance with the development plan unless material
considerations indicate otherwise.
5.2
The development plan in Lambeth is the London Plan (2011) (as amended in 2013
and 2014), the Lambeth Local Development Framework Core Strategy (2011) and the
remaining saved policies in the Lambeth Unitary Development Plan 2007 (policies
saved beyond 5th August 2010 and not superseded by the LDF Core Strategy 2011).
5.3
The National Planning Policy Framework was published in 2012. This document sets
out the Government’s planning policies for England including the presumption in favour
of sustainable development and is a material consideration in the determination of all
applications.
5.4
The current planning application has been considered against all relevant national,
regional and local planning policies as well as any relevant guidance. Set out below
are those policies most relevant to the application, however, consideration is made
against the development plan as a whole.
5.5
The London Plan (2011 consolidated with Revised Early Minor Alterations 2013
and Further Alterations March 2015)
Policy 1.1: Delivering the strategic vision and objectives for London
Policy 3.3: Increasing housing supply
Policy 3.4: Optimising housing potential
Policy 3.5: Quality and design of housing developments
Policy 3.6: Children and young people’s play and informal recreation facilities
Policy 3.8: Housing choice
Policy 3.9: Mixed and balanced communities
Policy 4.1: Developing London’s economy
Policy 4.12: Improving opportunities for all
Policy 5.1: Climate change mitigation
Policy 5.2: Minimising carbon dioxide emissions
Policy 5.3: Sustainable design and construction
Policy 5.5: Decentralised energy networks
Policy 5.6: Decentralised energy in development proposals
Policy 5.7: Renewable energy
Policy 5.8: Innovative energy technologies
Policy 5.9: Overheating and cooling
Policy 5.10: Urban greening
Policy 5.11: Green roofs and development site environs
Policy 5.12: Flood risk management
Policy 5.13: Sustainable drainage
Policy 5.17: Waste capacity
Policy 5.21: Contaminated Land
Policy 6.3: Assessing effects of development on transport capacity
Policy 6.5: Funding Crossrail and other strategically important transport infrastructure
Policy 6.9: Cycling
Policy 6.10: Walking
Policy 6.12: Road network capacity
Policy 6.13: Parking
Policy 7.1: Building London’s neighbourhoods and communities
Policy 7.2: An inclusive environment
Policy 7.3: Designing out crime
Policy 7.4: Local character
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Policy 7.5: Public realm
Policy 7.6: Architecture
Policy 7.15: Reducing noise and enhancing soundscapes
Policy 7.19: Biodiversity and access to nature
Policy 8.2: Planning obligations
Policy 8.3: Community Infrastructure Levy
5.6
Lambeth Local Development Framework Core Strategy (2011)
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Policy S1: Delivering the Vision and Objectives
Policy S2: Housing
Policy S4: Transport
Policy S6: Flood Risk
Policy S7: Sustainable Design and Construction
Policy S8: Sustainable Waste Management
Policy S9: Quality of the Built Environment
Policy S10: Planning Obligations
5.7
London Borough of Lambeth Unitary Development Plan (2007): ‘Policies saved
beyond 5 August 2010 and not superseded by the LDF Core Strategy January
2011’
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Policy 7: Protection of Residential Amenity
Policy 9: Transport Impact
Policy 14: Parking and Traffic Restraint
Policy 16: Affordable Housing
Policy 19: Active Frontage Uses
Policy 26: Community Facilities
Policy 31: Streets, Character and Layout
Policy 32: Community Safety/Designing Out Crime
Policy 33: Building Scale and Design
Policy 35: Sustainable Design and Construction
Policy 39: Streetscape, Landscape and Public Realm Design
MDO 33: Loughborough Junction
5.8
Supplementary Planning Documents
Regional
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The control of dust and emission during construction and demolition (July 2014)
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London Planning Statement (May 2014)
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Sustainable Design and Construction SPG (April 2014)
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Housing SPG (November 2012)
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Use of planning obligations in the funding of Crossrail, and the Mayoral Community
Infrastructure Levy (April 2012)
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Shaping Neighbourhoods: Play and Informal Recreation (September 2012)
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Planning for Equality and Diversity in London (October 2007)
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Accessible London: Achieving an Inclusive Environment (April 2004)
Lambeth
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Housing Development and House Conversions SPD
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Safer Built Environments SPD
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Sustainable Design and Construction SPD
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S106 Planning Obligations SPD
Waste & Recycling Storage and Collection Requirements: Guidance for Architects and
Developers (2006)
Loughborough Junction Plan (September 2013)
6
6.1
ASSESSMENT
Land Use
6.1.1 The site is located within the identified major development opportunity area MDO 33:
Loughborough Junction within the saved Unitary Development Plan. MDO 33 states
that there is scope for major co-ordinated regeneration, including a new station with
South London Line platforms and the proposed East London Line extension linking to
Thameslink platforms, as well as identifying the area as a Transport Development
Area and the provision of a safer environment with improvements for buses,
pedestrians and cyclists. The MDO seeks the redevelopment of bad neighbour
employment uses permitted, providing it is part of a wider scheme meeting the aims of
this proposal and providing a high density mix of uses. As a Transport Development
Area, the Council will encourage generally higher density mixed-use development
provided that this secures contributions to public transport and other transport
objectives. Arts and crafts uses should be retained or relocated.
6.1.2 It is considered that the proposed development is not contrary to the aspirations of the
MDO 33 designation. The site does not contain the existing station and the proposed
development of the site would not preclude any station developments within
Loughborough Junction.
6.1.3 Policy 26 protects community facilities advising that the loss of a community facility
falling within the D1 use class would be resisted.
6.1.4 The subject site contains a current D1 use (place of worship) which was granted on
appeal by the Planning Inspectorate in 2002. The Inspector described the proposed
use within the appeal decision as a church, offices, and training centre. The D1 use
was granted with no conditions aside from the standard time limit for the
implementation of the use.
6.1.5 The subject application seeks to retain the existing D1 floorspace at ground and first
floor, together with an additional storey of ancillary office space to the D1 use creating
an additional 266m2 floorspace within a D1 and ancillary B1 use. The number of
seats/capacity of the main church/worship area is not extended. In this case the
application does not result in the loss of the existing D1 floorspace and as such is not
contrary to policy 26. The extension of the existing D1 use is considered to be
acceptable in policy grounds; there is no policy relating directly to extending an
existing community facility use which is strictly what the application seeks.
6.1.6 It is noted that objectors have requested that the site contain shops and cafes/bars.
There is no planning policy which would require the site to provide such facilities;
furthermore as the site is not located within the designated local centre (as per the
Core Strategy Proposals Map) the provision of any such facilities may require the
utilization of a sequential test and impact test to ensure there are not suitable
alternative sites within the town centre to comply with the NPPF. The public benefit of
the development and the physical and economic regeneration benefits that would
derive are in themselves material planning considerations that weigh heavily in favour
of approving the planning application.
Housing
6.1.7 Core Strategy Policy S2 (housing) seeks the provision of at least 7,700 net additional
dwellings across the borough between 2010/2011 and 2016/17 in line with the London
Plan; a target that is set to increase as part of the Mayor’s Further Alterations to the
London Plan. Policy S2 seeks a mix of housing sizes and types to meet the needs of
different sections of the community including through applying Lifetime Homes and
Building for Life standards. Policy S2 (c) seeks the provision of affordable housing on
sites of at least 0.1 hectares or on sites capable of accommodating 10 or more homes.
6.1.8 The development provides less than 10 residential units and as such does not fall
under the requirements of Policy S2 (c) to provide affordable housing. It is considered
that the market housing proposed which would be consistent with the intent of national
policy and would contribute towards meeting the residential needs of the Borough.
The scheme would provide a mix of housing types including family sized units of two
bedrooms and over.
6.2
Design and Conservation
6.2.1 Policy 33 (b) states that all development should be appropriate scale, massing and
height and appropriate to their site characteristics. It goes on to state, in relation to
design, that major development should relate satisfactorily to adjacent townscape
taking into account its scale, character, historic street layout and uses, improve the
sense of place and legibility and define edges by retaining characterful buildings,
appropriate building lines and extending frontages.
6.2.2 The proposed three storey roof extension is considered to be acceptable in this
location. With regard to the current context of the building at present the buildings on
the opposite side of the road are mainly three storeys in height, whilst to the west of
the site the buildings range in height from two to four storeys. Whilst the proposed
extensions would lead to a five storey building and would be taller than the other
buildings fronting Coldharbour Lane, it is considered that the proposed set backs at
second floor and fourth floors would minimise the visual impact of the height on
Coldharbour Lane and would mean the mass of the building is visually read to be
consistent with the buildings along the Coldharbour Lane frontage. Furthermore the
corner location of the site provides an opportunity for a taller building in this location as
a gateway building. The building would follow the existing building line including a
curved frontage which addresses both Coldharbour Lane and Herne Hill Road. It is
further noted that the subject application proposes a decrease in mass at the second
floor; introducing a gap between the railway viaduct and the subject building. It is
considered that this would offer relief to the streetscene in terms of the mass.
6.2.3 It is noted that the application also proposes a one metre set back at ground floor level
for the elevation fronting Coldharbour Lane and the corner with Herne Hill Road, new
fenestration and entrances onto Coldharbour Lane and Herne Hill Road. The current
building has a very defensive appearance towards these roads and does not present
an active frontage to these main thoroughfares. It is considered that this contributes
towards the perception of a hostile street environment. The proposed application
would open up the ground and first floor through the provision of an increase number
and size of windows, as well as the creation of a new glazed entrance to the church on
the corner of the building, a further enhanced entrance to the church and the
residential entrance. It is considered that these additional openings enliven the
streetscene and represent an improvement on the existing building. With regard to the
insetting of the ground floor front elevation, it is acknowledged that this has been
undertaken in order to overcome the previous reason for refusal which related to
pedestrian safety as a result of pavement widths. However there are no negative
design implications with regard to this set back. There are no design objections to the
alterations at ground and first floor to the existing building.
6.2.4 It is considered pertinent that if the application is recommended for approval a
condition is imposed requesting the submission of details of all materials to be used in
the elevations proposed as a well as detailed design drawings of the proposed
fenestration and doors, a signage strategy for the multiple entrances and the
decorative fins proposed on the ground floor elevation.
Loughborough Junction Framework Plan
6.2.5 The Loughborough Junction Framework Plan defines a public realm plan for the
identity of Loughborough Junction. The Loughborough Junction Framework Plan
identifies short and long-term priorities for the Higgs Industrial Estate site, as part of a
wider area, known as Higgs Yard. The Plan recognises that this site could be
developed and sets out the main aspirations for the site and immediate surrounding
area. The promotion of local manufacture and employment within the centre of the
junction is identified. Long-term priorities include promoting high-quality, mixed-use
development, and refer to the inclusion of commercial units at ground floor level on
Coldharbour Lane with residential above, and studio/workspaces facing the arches.
The Plan seeks to:
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Build on the identity of existing yards in order to promote local businesses.
Deliver high-quality mixed use development.
Improve safety for pedestrians and cyclists.
Promote tree planting, greening and sustainable urban drainage systems (SUDS)
as part of any development.
Enhance lighting to railway bridges as part of 7 Bridges Project.
Improve legibility of yards through signage and way finding.
Improve lighting along arches.
Install raised tables at junctions to improve safety of pedestrians and cyclists and
to calm traffic.
6.2.6 The Loughborough Junction Framework Plan does not have the weight of an adopted
planning document. However, it provides a framework for the regeneration of the
Loughborough Junction area based on the aspirations of the local community and the
council. As such, the Framework Plan may be a material consideration in the
determination of planning applications.
6.2.7 It is considered that the proposal is does not directly conflict with the Loughborough
Junction Framework Plan. The Plan identifies the subject site as part of Higgs Yard,
although it is noted that this designation also includes the railway arches which do not
form part of the subject site. The plan seeks to;
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consolidate the existing identity of the yard and promote local manufacture and
employment within the centre of the junction,
create a more positive aspect onto Coldhabour Lane opposite the station,
Increase permeability,
Enhance highways and public realm through improved lighting, greening and
paving,
Establish desired use of future development sites to protect neighbouring
amenity and identity.
6.2.8 The proposed application would deliver a high quality mixed use development. Site 2
comprises of an elevation which fronts Coldharbour Lane and it is considered that the
subject application meets the aspirations of creating a more positive aspect onto
Coldharbour Lane and represents an improvement on the existing scenario. Whilst the
proposed development would not increase access ways through the site, it is
considered that given the limited size of Site 2 and the extent of the existing built form
within the site this is not achievable. It is noted that the adjoining arches are not
included within the application site. It is considered that the proposed development
would protect neighbouring amenity as addressed within section 6.4 of this report.
6.3
Standard of residential accommodation
6.3.1 All of the new dwellings have been designed to meet the Mayor’s London Housing
Design Guide and the Council’s Housing Development and House Conversions SPD
in terms of size and layout. In addition the individual rooms would comply with the
recommended room sizes within the SPD. In addition, all of the units would be
designed and constructed to the Lifetime Homes Standards.
6.3.2 With regard to sunlight and daylight for future residents the Applicant has submitted a
daylight, sunlight and overshadowing report assessing the proposed scheme. This
concludes that future occupiers of the scheme would experience sufficient levels of
sunlight and daylight within the proposed development.
6.3.3 With regard to privacy it is considered that future occupiers of the proposed units
would have sufficient levels of privacy.
The windows serving the habitable
accommodation are primarily located on the front elevation where there is a typical
street relationship with other buildings fronting Coldharbour Lane, with a separation
distance of over 30 metres from buildings located on the opposite side of the road, and
similar distances from the buildings on the other side of the railway viaduct (to the
west), number 209 Coldharbour Lane. With regard to the secondary outlook to the
rear it is considered that at present this overlooks the industrial estate and there would
not be any overlooking into the proposed development. In the event that Site 1 is
developed both schemes incorporate a lightwell between the subject site and Block A
of Site 1. This allows a separation distance of 11.5 metres between the habitable
rooms of Block A which directly oppose the habitable rooms and amenity space of the
subject site. This occurs with one window on every floor of Block A. With regard to
the third floor communal space it is acknowledged that this has a closer relationship to
Block A, and therefore to prevent mutual overlooking, it is considered appropriate that
suitable screening is in place to protect the privacy for future residents using this
space.
6.3.4 With regard to outlook for proposed future occupiers it is considered that this would be
sufficient; all habitable rooms would have unobstructed windows which would provide
outlook for the occupant. With regard to the aspect from the units for future occupiers
it is noted that all units would be double aspect.
6.3.5 In accordance with UDP Policy 33, Policy S2 in the Core Strategy, and the standards
set out in the Mayor’s Housing SPG (4.10.1 – 4.10.3) and Council’s Housing
Standards SPD, provision for amenity space is required as part of the proposed
development. The Council’s SPD requires the provision of a shared amenity space of
50m2 with a further 10m2 per flat as either a balcony/terrace/private garden or
consolidated with the communal amenity space. Therefore this scheme requires the
provision of at least 100m2.
6.3.6 The scheme proposes private amenity space for all of proposed flats through the
provision of front and rear balconies. A communal area of amenity space is located at
third floor level. The breakdown of amenity space provided on site is contained within
the table below. This table demonstrates that the proposed scheme would provide an
amount of amenity space in excess of the requirements of the SPD.
Flat
Flat 1
Flat 2
Flat 3
Flat 4
Flat 5
Roof
Amenity Space (approx. m2)
58.31
19.87
14.02
21.33
50.64
terrace
communal 60.5
amenity space
Total
224.6
6.3.7 With regard to children’s play space, it is noted that as the scheme is less than 10
units there is no obligation to provide playspace within the amenity space.
6.3.8 With regard to noise for future residents, the site is defined to the west by the railway
viaduct and platforms for Loughborough Junction Station and to the north by
Coldharbour Lane. It is also considered that the existing D1 use is a potential noise
generating uses.
The Applicant has submitted an Acoustic Report which
demonstrates that acceptable noise levels can be achieved within the proposed
habitable accommodation.
It is considered that should the application be
recommended for approval it is recommended that conditions are imposed requiring
details of soundproofing measures to ensure that predicted internal noise levels for the
residential units are achieved, and that the sound associated with the D1 does not
travel within the building. Additionally it is considered that the proposed ancillary D1
office use acts as a buffer between the existing D1 use and the proposed residential
use on the upper floors. In order to maintain this and prevent potential noise and
disturbance for future residential occupiers, from both noise internally as well as
general noise associated with people arriving at and leaving the building it is
considered pertinent to include a condition to ensure that the proposed additional D1
floorspace (shown on plan as ancillary offices) are laid out in accordance with the floor
plans submitted and maintained as such for the life of the development.
6.4
Amenity
Daylight and Sunlight
6.4.1 The proposal has been accompanied by a Daylight, Sunlight and Overshadowing
Report prepared by GIA. The development has been assessed against the Building
Research Establishment (BRE) guidance ‘Site Layout Planning for Daylight and
Sunlight’. The BRE guidelines are not mandatory; they do however act as a guide to
help understand the impact of a development upon neighbouring properties, while
acknowledging that in some circumstances, such as that of a dense urban
environment (such as this) some impact may be unavoidable.
6.4.2 The report identifies the nearest residential properties as those on Coldharbour Lane,
Herne Hill road and Padfield Road. The report has modelled and made an
assessment based on an ‘existing scenario’ (i.e. the existing site) and a proposed
scenario. In both scenarios the impact of the development has been assessed by first
measuring the Vertical Sky Component1 (VSC), then if necessary in terms of No Sky
Line (NSL)2 and finally Average Daylight Factor (ADF)3. Sunlight and overshadowing
have then been assessed in respect of Annual Probable Sunlight Hours (i.e. that at
least one living room window receives 25% of the APSH, including 5% in winter).
6.4.3 The submitted report states that all residential windows tested on the following
buildings show full BRE compliance with regard to the VSC and NSL and that no
noticeable loss of sunlighting will occur for residents of these properties.
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1-9 Hinton Road
201, 203, 205, 207, 209, 211-213, 215-217, 202-204, 206-208 Coldharbour Lane
37-39 Padfield Road
1, 5, 7-9 Herne Hill Road
6.4.4 With regard to the relationship between the subject site and the residential amenity of
neighbouring residential occupiers within the proposed development of Site 1 it is
noted that the proposed development has been designed to ensure that the two
schemes work together. The proposed development would step away from the north
elevation of Block A/B ensuring that there is sufficient outlook and sunlight and daylight
for future occupiers of the flats within this block.
Outlook and Privacy
6.4.5 It is noted that there are a limited number of residential properties surrounding the site,
with the nearest residential uses being those opposite the site at 202-204 and 206-208
Coldharbour Lane, and to the west of the site number 209 Coldharbour Lane. Directly
opposite the site on Herne Hill Road are railway arches.
6.4.6 With regard to the outlook and privacy for the residential uses it is considered that the
nearest residential properties which may be impacted on by the development are
those sited opposite the southern end of the site, notably numbers 202-204 and 206208 Coldharbour Lane. Whilst the scheme would introduce new residential windows
overlooking the front elevations of these properties, this would be at a distance of
approximately 20 metres. It is considered that this is a sufficient separation distance to
ensure that there isn’t an undue loss of privacy to these existing residents, and would
represent a normal street relationship within an urban area.
Vertical Sky Component – amount of daylight falling on the outside of a window. Expressed as a percentage, a
window should achieve a minimum of 27% VSC or remain within 0.8 times of its former value in order to meet the
BRE Guidelines (the maximum achievable being 40% for a completely unobstructed vertical wall).
2 No Sky Line – the proportion of a room that cannot see the sky.
3 Average Daylight Factor – distribution of light within a room. Expressed as a percentage, a 5% ADF is required
where no supplementary lighting is required. Minimum requirements include 2% for kitchens, 1.5% for living
rooms and 1% for bedrooms.
1
6.4.7 It is also noted that the scheme would introduce windows in the west elevation at third,
fourth and fifth storeys, above the existing railway viaduct. These windows would face
the upper level windows on the east elevation of number 209 Coldharbour Lane.
However, this would be at a distance of approximately 20 metres and it is considered
that this separation distance would be sufficient to ensure that there would be no loss
of privacy to existing residents.
6.4.8 With regard to the relationship with proposed Site 1, it is noted that there is a habitable
room to habitable room distance of approximately 11.5 metres within the lightwell
between Block A of the proposed Site 1 development and the subject application. It is
considered that this relationship is acceptable, particularly noting that the rooms
served by these windows within Block A are dual aspect. However it is recommended
that a condition is imposed ensuring suitable screening to the third floor amenity space
within the subject application as this has a closer relationship and due to its nature
would result in heightened sense of perceived overlooking.
Noise
6.4.9 The scheme proposes the retention of the existing place of worship (D1 use class) at
ground floor level together with the provision of an additional 266m2 floor area in D1
ancillary office space. It is considered that the place of worship (D1 use class) is a
potential noise generating uses. It is noted that the existing place of worship benefits
from a planning permission without any conditions limiting the hours of use, the use of
amplified music/noise escaping from the premises, the capacity of the building and
number of people attending the premises. In light of this it is considered that the
extension of the building, the creation of the an additional storey of D1 use and the
introduction of a residential use within the site warrants the imposition of conditions on
the existing and proposed D1 use in order to mitigate any impact; individually and
cumulatively, on residential occupiers within the site and neighbouring the site.
6.4.10 It is acknowledged that as the proposed ancillary offices are within the D1 use class
due to their ancillary nature and located within the same building as the church, that it
may be used as an extension to the existing place of worship. It is considered that if
this were to happen it is considered that there would be harm to neighbouring
residential amenity both within the building (as discussed within section 8 of this
report) and to neighbouring residential properties on Coldharbour Lane by virtue of the
increased capacity of the venue and the number of people attending the site creating
noise and disturbance. Whilst it is realised that a condition could be imposed to
prevent sound leaking out of the building through built in mitigating measures it is
considered that in order to prevent the general and inevitable noise and disturbance
from people attending the building that a condition be imposed ensuring that that the
additional D1 floor is laid out in accordance with the proposed plans to prevent the
additional floor being used as a large meeting area. Subject to such a condition, it is
considered that the proposed activities would be consistent with other similar uses in
the vicinity, and would not result in harm to neighbouring residential occupiers.
Furthermore whilst the roof terrace appears to be only accessible from the residential
core it is considered pertinent that it is conditioned to only be used in association with
the proposed residential use.
Amenity Impacts
6.4.11 The proposals seek to provide in excess of the required amount of residential
amenity space, through the provision of private balconies and a communal roof terrace
on-site. As a result, the scheme is not considered to have a significant adverse impact
on neighbouring amenity areas.
Construction Impacts
6.4.12 Noise, disturbance and inconvenience during the construction period can be
mitigated and where possible through the provision of a Construction Management
Plan, which is to be conditioned. The applicant is also expected to operate and be
registered under the Considerate Constructors Scheme.
Schools
6.4.13 It is noted that a number of objections have been received regarding school places
within the Loughborough Junction area and raising concerns that the development
would result in undue pressure on school places. The proposed development would
provide a quantum of residential development which would contribute towards
Lambeth’s housing targets as contained within policy S2 of the Core Strategy.
Furthermore the forthcoming Local Plan has been developed based on the growth
required by the London Plan targets and includes forecasts on school places and
infrastructure. There is currently a substantive Borough wide schools expansion
programme which addresses projected additional demand through births, migration
and housing regeneration. These projects are identified within the infrastructure
schedule within the plan.
6.4.14 With regard to the current school placement situation, the Schools Admissions Data
Analyst has advised that Lambeth is divided into 5 planning areas: North Lambeth,
Clapham & Stockwell, Brixton, Streatham and Norwood. The Higgs industrial estate
is in the Brixton area. Within the Brixton planning area there are 16 primary schools.
A snapshot of the school density figures show that there are a total of 5749 school
places across all year groups, and the latest school census data shows that there are
357 places available as at mid-January 2015.
6.5
Transport
Site and Accessibility
6.5.1 The site is located at the junction of Herne Hill Road and Coldharbour lane (A2217),
and is bounded to the south and west by the elevated Brixton to Denmark Hill, and
Herne Hill to Loughborough Junction railway lines. The closest section of the
Transport for London Road Network (TLRN) lies approximately one kilometre to the
west (Brixton Road A23), and Denmark Hill is the closest point of the Strategic Road
Network (SRN), some 900m to the northeast. The site is served by six bus routes, 35,
45, 345 (24 hour), P4, P5 & N35.
6.5.2
The site lies within 60m of Loughborough Junction Rail Station, and the closest
London Underground station at Brixton lies approx. 1.1km distant. The site has a
PTAL of 3 and 4, where the higher level occurs only at the far north-western edge of
the site.
Car and Cycle Parking
6.5.3 The proposed development would provide 5 car parking spaces to the rear of the site.
These would be for staff members of the church. The residential units would be permit
free; this would be secured through a s106 agreement.
6.5.4 The church would not increase size in terms of the service/worship hall element; the
applicant has provided information that currently the church capacity is 600, with
between 250-300 attendance. Given that the worship area of the church would not
increase from that existing, Lambeth’s Transport Officers have not raised any
objections to this element of the scheme in terms of transport impact as there is no
reason that the travel arrangements for attendees would differ from those as existing.
TfL have also not raised objection to this element.
6.5.5 With regard to the proposed residential units, no private car parking has been
proposed for these flats. It is considered that the 5 new residential units will create a
very low trip generation by any transport mode. In terms of parking demand, at most
based on Census figures for car ownership, a parking demand of 2 cars is expected.
In the light of the parking stress details submitted within the application for Site 1 and
the acknowledged cumulative impact the development of both sites may have on car
parking stress it is considered appropriate that the proposed additional 5 flats are
restricted from obtaining permits for the neighbouring CPZ through a s106 clause.
6.5.6
With regard to cycle parking, 17 cycle storage spaces are proposed at ground floor
level to the rear of the site to serve the church. This is in excess of the 13 required
by the London Plan for such facilities. TfL have requested further details of this
space including the detailed form, layout of and access to these spaces allows them
to be genuinely usable as short term spaces to serve visitors to the D1 use. It is
considered that this can be addressed through the imposition of a condition and is
therefore recommended that should the application be approved a condition is
imposed requiring the submission of further details of the cycle parking be submitted
prior to the commencement of the use of the new third floor D1 use.
6.5.7 With regard to the residential cycle parking it is noted that 8 spaces are proposed at
ground floor level, in compliance with REMA London Plan standards, however the now
adopted FALP requires 9 spaces. TfL have also raised concern about the accessibility
of this space. The cycle parking is located at ground floor level accessed from the
residential vestibule. It is recommended that should the application be approved a
condition is imposed requiring the submission of further details of the cycle parking be
submitted prior to the occupation of the residential units to ensure that the layout is
suitable
6.5.8
A previous reason for refusal related to the impact the proposed development would
have pedestrian safety.
The previous application proposed a function
room/conference centre on the third floor. The subject application has removed this
element from the proposal, instead proposing ancillary office space at third floor
which is subdivided in such a way to prevent large groups gathering. As a result of
this, the number of people leaving the site at any one time (such as when a service
ceases) would be no different than the existing situation. Furthermore, the proposed
scheme has introduced a set back of the building’s front elevation at ground floor
fronting Coldharbour Lane and the corner with Herne Hill Road. This would increase
the pavement width in this narrow pinch point and would therefore represent an
improvement on the existing situation. In addition the relocation of the residential
doors away from the church entrance and the crossing of Herne Hill Road has
ensured that there would not be a conflict of pavement use between residents,
pedestrians and church users. It is considered that the subject scheme has
overcome the previous reason for refusal. It is noted that the footway/public realm
area that will be created will not be adopted as Highway and will remain within
ownership of the church.
6.5.9
The site access to this site is to be located to the southern end of the site 1
(15/01062/FUL), viaduct that borders the southern end. A visibility splay assessment
has been carried out, and a 30 mph speed visibility requirement can be achieved to
the north of the access (43 metres). The visibility achievable to the south is 27
metres, which does slightly exceed the standard for a 20 mph speed limit road.
Herne Hill Road does have an established 20 mph limit along it, coupled with speed
cushions, a set of which will be almost immediately north of the proposed site
access. For the level of movements predicted, the hourly movements into and out of
the site access are going to be very low, and coupled with the 20 mph speed limit,
and existing highway conditions, along with the adjacent speed cushions, Lambeth’s
Transport Officer does not raise an objection to the highway safety of the proposed
access.
6.5.10 Within the overall site there are three areas for delivery vehicles to stop and
deliver/pick up, plus the access to the basement car parking area for the blue badge
parking spaces. The swept path diagrams provided show that a typical 9.8m refuse
collection vehicle and 7.5 tonne Box Van are able to enter, manoeuvre into and out of
delivery bays and exit the site satisfactorily, as can cars accessing the basement car
parking. This internal service road does also have a passing bay at the site access
onto Herne Hill Road so as to enable vehicles to pass each other and avoid needing
to either wait on the highway to turn in or reverse out.
6.5.11 For this application, the servicing area is the northern most one within the site,
located to the south side of the church and between blocks E and F that are part of
the accompanying application. Refuse and recycling collections can a take place
from this servicing location. Although absolute movement numbers are likely to be
low, it is recommended that a Delivery and Servicing Plan be conditioned for this
application so that these movements can be managed in the context of those from
the accompanying site as both sites use the same highway access and internal
service road.
6.5.12 During the development of Site 1 the servicing will occur from the temporary access
road to the south of the site within Site 1. After the relevant part of Site 1 is complete
and the permanent access road through Site 1 is created servicing to the subject site
will be via the permanent access road. It is recommended that should the application
for Site 1 be approved a condition is imposed requiring the removal of the dropped
kerb and stopping up of the temporary access road post-site 1 construction. As the
temporary access road is within Site 1 this condition is imposed on application
15/01062/FUL.
6.5.13 A condition is recommended on the subject site requiring the submission of a
servicing and delivery strategy which will ensure that all servicing and delivery takes
place to the rear of the site.
6.6
Planning Obligations and CIL
6.6.1 The Council adopted an updated S106 Planning Obligations Supplementary Planning
Document (SPD) in April 2012. This document pre-dated the introduction of the
Lambeth CIL and the preparation of a borough-wide local plan. During 2013 the
Council consulted on a revised draft SPD, prepared as at July 2013. The revised draft
SPD reflected the anticipated introduction of the Lambeth CIL in 2014. The revised
draft SPD was prepared chiefly against the background of the Core Strategy and the
Saved UDP, although it also acknowledged the emerging Lambeth Local Plan.
Consideration of what, if any, planning obligations are appropriate in relation to the
application has been guided by the approach set out in the July 2013 revised draft
SPD. The final package of obligations put forward reflects current circumstances and
the individual facts of the application.
6.6.2 If the application is approved and the development is implemented, a liability to pay the
Lambeth Community Infrastructure Levy (CIL) will arise.
6.6.3 The Lambeth CIL contribution is estimated, on the basis of information supplied with
the planning application, to be £27,651.50. Expenditure of the majority of a future CIL
receipt will be applied towards Borough infrastructure needs as contained in the
published CIL Regulation 123 List, which defines what CIL may be spent on. 25% of
the CIL receipt, or an estimated £6912.87, will be applied towards local neighbourhood
spend, in the Brixton Cooperative Local Investment Plan (CLIP) area in which the
development is located. Local neighbourhood funding from CIL may be applied to
infrastructure needs in line with the CIL Regulation 123 List, or to anything else that is
concerned with addressing the demands that the development places on an area.
6.6.4 Allocation of CIL monies to particular infrastructure projects is not a matter for
consideration in the determination of planning applications. Separate governance
arrangements are being put in place for Borough Infrastructure needs, and locally
through the Cooperative Local Investment Plan initiative.
6.6.5 The London Mayoral CIL would also be applicable and the estimated contribution
would be £20,405. The London Mayoral CIL will be applied towards the cost of
Crossrail.
6.7
Other planning issues
6.7.1 Sustainability
6.7.2 In accordance with Core Strategy Policy S7 and London Plan Policies 5.1-5.7 the
proposals have been accompanied by a Sustainability Statement and an Energy
Strategy. London Plan Policy 5.2 states that new development should be designed
using the energy hierarchy ‘Lean – Clean – Green’. This equates to using less energy,
supplying energy more efficiently and then the provision of renewable energy if
required.
6.7.3 New residential development in Lambeth should achieve Code for Sustainable Homes
Level 4 and non-residential development should achieve a BREEAM rating of ‘Very
Good’, aspiring to ‘Excellent’.
6.7.4 With regard to BREEAM the applicant has submitted a BREEAM 2014 New
Construction (Other Buildings) preliminary-assessment for the Community Centre
which has scored a rating of ‘Very Good (56.30%) which would comply with Lambeth
policy. The Applicant has submitted a Code for Sustainable Homes preliminaryassessment demonstrating how the dwellings will achieve a Level 4 rating of 69.34%.
As the minimum score for Level for is 68%, the applicant has provided a sufficient
buffer-zone to help ensure that the dwellings achieve a Level 4 rating at the postconstruction stage.
6.7.5 Given that the site is not a major development, the requirement within Policy S7 to
achieve a reduction in carbon dioxide emissions in line with London Plan targets is not
relevant.
6.7.6 Crime
6.7.7 In accordance with Policy 32 of the UDP and Policy S9 of the Core Strategy and as
part of the PPA process, the applicant has engaged the Metropolitan Police’s
Designing Out Crime Officer in an attempt to design out opportunities for crime
wherever practicable. The Designing Out Crime Officer has raised no objections to the
proposals, subject to conditions requiring the development meets Secured by Design
accreditation.
6.7.8 Biodiversity/Ecology
6.7.9 The application has been accompanied by a range of ecological documents, including
a Preliminary Ecology Scoping Report (Greenlink Ecology Ltd) and an Air Quality
Assessment (Create Consulting Limited). The surveys show that the existing site has
limited bio-diversity value with no records of bats or other protected species.
6.7.10 The proposals seek to enhance bio-diversity through a range of measures including
the use of green/brown roofs and high quality soft landscaped areas in and around the
external elements of the blocks. The Parks and Open Spaces Officer has not raised
any objection to the proposal subject to conditions securing details of the ecological
enhancements proposed on site, including bat and bird boxes as well as appropriate
planting and maintenance. It is considered that the requirements of the Parks and
Open Spaces Officer can be included in a landscaping condition should the application
be approved. The proposals are therefore considered to satisfy UDP Policy 39 and
Core Strategy Policy S5 in this regard.
6.7.11 Surface Water/Flood Risk
6.7.12 The application is accompanied by a Flood Risk Assessment. The site lies within the
Environment Agency flood zone 1 and as such as a low probability of flooding. The
Flood Risk Assessment also considers pluvial flooding and ground water flooding and
it is noted that records indicate no such flooding has been recorded on the subject site.
The proposed measures would therefore accord with London Plan Policies 5.12 and
5.13 and Core Strategy Policy S6.
6.7.13 Refuse and Recycling
6.7.14 There are dedicated refuse storage areas within the ground floor of the proposed
building with separate stores for the D1 use and the proposed residential use. It is
considered that these areas are sufficient to contain the required amounts of waste the
site would generate. It is noted that the location of the residential refuse storage
indicates that it appears to be serviced from Herne Hill Road where there are existing
double yellow lines. Due to the location of the subject site in proximity to the junction
and pedestrian crossings it is recommended that should the application be approved a
condition is imposed requiring further details of the refuse stores together with a refuse
management plan which would detail the method of refuse.
6.7.15 It is therefore considered that, subject to the recommended conditions, the proposed
development is acceptable and accords with London Plan Policy 5.17 and Core
Strategy Policy S8.
6.7.16 Procedural Matters
6.7.17 The application is referable to the Mayor under the provisions of the Town and
Country Planning (Mayor of London) Order 2008 as it is considered to form part of a
larger scheme when considered in tandem with Site 1; the joint product of which would
be a referable scheme. The application has already been referred to the Mayor at
‘Stage 1’ and the Mayor’s comments are to be included in the addendum to this report.
Before Lambeth can issue a decision on this application it will need to refer the
application again to the Mayor at ‘Stage 2’; where after the Mayor will have the
opportunity to elect to become determining authority, direct refusal, or allow Lambeth
to proceed and issue the decision in line with its resolution.
6.7.18 There is currently on-going work towards the formulation of a Masterplan for the
Loughborough Junction area. However this application has been submitted before any
adopted masterplan is in place, and the Council cannot legitimately delay determining
this application until such a time that a masterplan is completed. The completed
masterplan would not itself constitute an adopted planning document however may be
a material consideration once it is complete. The masterplan is likely to inform and be
an evidence base within the Local Plan Early Review. The site is already subject to an
MDO designation therefore to decline to determine or the refusal of this application on
prematurity grounds would not be appropriate. The application needs to be assessed
on current adopted policies which are contained within the Council’s Unitary
Development Plan and the Core Strategy, as well as the London Plan.
7
CONCLUSION
7.1
The proposal results in the development of the site for mixed-use purposes providing 5
new homes and an additional 266m2 of D1 floorspace. The land use implications of
the scheme are compliant with the land use policies of the London Plan, the Core
Strategy and the UDP.
7.2
It is considered that the standard of residential amenity for future occupiers is
acceptable; all of the new dwellings have been designed to meet the Mayor’s London
Housing Design Guide and the Council’s SPD (Housing Development and House
Conversions) in terms of size and layout. In addition, the development is inclusive of
generous on-site amenity space provision.
7.3
The provision of additional residential units in this location would not result in harm to
existing, neighbouring, residential properties.
It is considered that any harm
generating from an additional D1 use in this location can be mitigated through the
imposition of suitable conditions.
7.4
Officers consider that the development would be in general compliance with the
Development Plan for the Borough and there are no material considerations of
sufficient weight that would dictate that the application should otherwise be refused.
Officers are therefore recommending approval of the scheme, subject conditions and
completion of a Section 106 Agreement in accordance with the presumption in favour
of sustainable development conferred upon Local Planning Authorities by the National
Planning Policy Framework (NPPF).
8
RECOMMENDATION
8.1
Resolve to approve the application, subject to conditions and completion of s106
agreement and to any direction as may be received following further referral to the
Mayor of London.
8.2
That if the Section 106 Agreement is not signed by 21st June 2015 the Director of
Planning and Development be given delegated powers to consider refusing the
application in the absence of a legal agreement.
8.3
In the event that the committee resolves to refuse planning permission and there is a
subsequent appeal, delegated authority is given to officers, having regard to the heads
of terms set out in the report, to negotiate and complete a Section 106 agreement in
order to meet the requirements of the Planning Inspector.
Conditions(s) and Reasons(s)
Time Limit and Implementation
1. The development to which this permission relates must be begun not later than
the expiration of three years beginning from the date of this decision notice.
Reason: To comply with the provisions of Section 91(1) (a) of the Town and
Country Planning Act 1990 and Section 51 of the Planning and Compulsory
Purchase Act 2004.
2. The development hereby permitted shall be carried out in accordance with the
approved plans, other than where those details are altered pursuant to the
requirements of the conditions of this planning permission.
Reason: For the avoidance of doubt and in the interests of proper planning.
Environmental Mitigation
3. No impact piling shall take place until a piling method statement (detailing the
depth and type of piling to be undertaken and the methodology by which such
piling will be carried out, including measures to prevent and minimise the
potential for damage to subsurface sewerage infrastructure, and the programme
for the works) has been submitted to and approved in writing by the local
planning authority in consultation with Thames Water. Any piling must be
undertaken in accordance with the terms of the approved piling method
statement.
Reason: The proposed works will be in close proximity to underground sewerage
utility infrastructure. Piling has the potential to impact on local underground
sewerage utility infrastructure. The applicant is advised to contact Thames Water
Developer Services on 0845 850 2777 to discuss the details of the piling method
statement.
4.
The development permitted by this planning permission shall not commence until
a surface water drainage scheme for the site, based on sustainable drainage
principles, where possible, and on an assessment of the hydrological and
hydrogeological context of the development, has been submitted to, and
approved by, the Local Planning Authority. The surface water drainage strategy
should strive to implement a Sustainable Drainage System (SuDS) hierarchy that
achieves reductions in surface water run-off rates, in line with the Greater
London Authority’s London Plan (Policy 5.13) and the relevant ‘priorities’ within
the associated Sustainable Design and Construction Supplementary Planning
Guidance (SPG) (Section 3.4), as referred to within the submitted Flood Risk
Assessment (FRA) by Create Consulting Engineers Ltd (dated September 2014
with referenceGL/CS/P14‐766/01/FRA/Site 1) (Sections 4.0 and 5.4).
Reason: To reduce the impact of flooding both to and from the development and
third parties, in line with the Greater London Authority’s London Plan (Policy
5.13).
Design
5. Notwithstanding the approved drawings, and prior to the commencement of the
development above ground level, samples and a schedule of all materials to be
used in the external elevations of the development hereby approved shall be
submitted to and approved in writing by the local planning authority. The
development shall thereafter be carried out in accordance with the approved
details.
Reason: To ensure an adequate quality of detailed design so as to safeguard and
enhance the visual amenities of the locality (Policies 33, 40, and 47 of Lambeth's
Unitary Development Plan and Policy S9 of Lambeth's Core Strategy).
6. Prior to the commencement of occupation of the relevant parts of the
development, full details of a lighting strategy for the rear car parking area of the
development shall be submitted to and approved in writing by the local planning
authority. The approved lighting shall be installed in the relevant parts of the
building before the development is first occupied, or in accordance with an
agreed implementation strategy, and retained thereafter for the duration of the
development in accordance with the approved details.
Reason: To ensure an appropriate standard of design (Policies 32, 33 and 39 of
Lambeth's Unitary Development Plan and Policy S9 and PN2 of Lambeth's Core
Strategy).
7. No plumbing or pipes, other than rainwater pipes, shall be fixed to the external
faces of buildings.
Reason: To ensure an appropriate standard of design (Policy 33 Lambeth's
Unitary Development Plan and Policy S9 and PN2 of Lambeth's Core Strategy).
Landscape
8. No occupation shall take place until there has been submitted to and approved in
writing by the Local Planning Authority detailed schemes of external/soft
landscaping for the proposed communal roof terrace application site, including
selection of species, planting plans and programmes and schedules for
management and maintenance of landscaped features, whether formal or natural
in nature and purpose. These proposals should include new plantings of trees,
hedges, grass, shrubs, ground flora or climbers, and cover areas of open space
within the development including roofs (green, biodiverse or otherwise), walls and
boundary features.
Landscaping schedules should endeavour to include, within reason, measures to
promote biodiversity including use of native species typical of locality and ground
conditions or naturalised areas. They should also endeavour to include measures
to encourage protected species to occupy the site, such as installation of bat and
bird boxes on buildings, loggeries or wood piles on roofs, and creation of
naturalised areas within communal areas.
Reason: To ensure a satisfactory and continuing standard of amenities are
provided and maintained in connection with the development in accordance with
Policy 39 of the London Borough of Lambeth UDP: Policies saved beyond 5th
August 2010.
Residential Standards and Amenity
9. All residential houses and flats shall be constructed in full compliance with the
relevant Lifetime Homes Standards.
Reason: To secure accommodation to meet the needs for different sections of
the community, in accordance with Policy S2 of Lambeth's Core Strategy.
10. There shall be no amplified sound, speech or music used in connection with the
proposed Use Class D1 premises hereby approved which is audible above
background noise levels when measured outside the nearest residential property.
Reason: To protect the amenities of future residential occupiers and the
surrounding area (Policies 7 and 29 of Lambeth's Unitary Development Plan and
Policy S2 of Lambeth's Core strategy).
11. Prior to the commencement of building works above ground, full details of internal
and external plant equipment and trunking, including building services plant,
ventilation and filtration equipment and commercial kitchen exhaust
ducting/ventilation, shall be submitted to and approved in writing by the local
planning authority. All flues, ducting and other equipment shall be installed in
accordance with the approved details prior to the use commencing on site and
shall thereafter be maintained in accordance with the manufacturers' instructions.
Reason: To protect the amenities of future residential occupiers and the
surrounding area (Policies 7 and 29 of Lambeth's Unitary Development Plan and
Policy S2 of Lambeth's Core strategy).
12. Noise from any mechanical equipment or building services plant shall not exceed
the background noise level when measured outside the window of the nearest
noise sensitive or residential premises, when measured as a L90 dB(A) 1 hour.
Reason: To protect the amenities of future residential occupiers and the
surrounding area (Policies 7 and 29 of Lambeth's Unitary Development Plan and
Policy S2 of Lambeth's Core strategy).
13. Prior to occupation of any part of the building, a Crime Prevention Statement
shall be submitted to and approved in writing by the local planning authority. The
strategy shall demonstrate how the development meets the relevant 'Secured by
Design' standards, as per the commitments set out in the application submissions
and how those measures will be retained thereafter.
Reason: To ensure that satisfactory attention is given to security and community
safety and to residential amenity in the vicinity (Policies 7 and 32 of Lambeth's
Unitary Development Plan and Policy S9 of Lambeth's Core Strategy).
14. The second floor D1 floorspace shall be laid out in accordance with approved
floorplan 315/MP-102-P-P2 rev 18 and shall not be used as a place of worship in
conjunction with the existing D1 floorspace at ground and first floor.
Reason: To safeguard the amenity of local residents and to avoid hazard and
obstruction being caused to users of the public highway (Core Strategy S4 and
Saved UDP Policies 7 and 9 refer).
15. Prior to the occupation of the residential units of the development hereby
permitted, details of the balustrading and privacy screening to be used for the
third floor communal amenity space, the first floor private amenity space and the
fifth floor private amenity shall be submitted to and approved in writing by the
local planning authority. The development hereby permitted shall be thereafter
built in accordance with the approved details. The approved privacy screens
shall thereafter be retained for the duration of the development.
Reason: To protect the amenities of future residential occupiers and the
surrounding area (Policies 7 and 33 of Lambeth's Unitary Development Plan and
Policy S2 of Lambeth's Core strategy).
16. The third floor communal roof terrace shown on plan 315/MP-103-P-P2 shall
only be used in association with the residential use and for no other use.
Reason: To ensure that no nuisance or disturbance is caused to the detriment of
the amenities of adjoining occupiers or of the area generally. (Policy 7 of the
London Borough of Lambeth Unitary Development Plan (2007): Policies saved
beyond 5 August 2010 and not superseded by the LDF Core Strategy January
2011).
Sustainability
17. Within three months of work starting on site a Design Stage certificate and
summary score sheet under the Code for Sustainable Homes (or such equivalent
standard that replaces this) must be submitted to and approved in writing by the
Local Planning Authority to show that a Level 4 (minimum score 68) rating will be
achieved.
Reason: To ensure that the development has an acceptable level of
sustainability (Policy 35 of the London Borough of Lambeth Unitary Development
Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the
LDF Core Strategy January 2011, and Policy S7 of the London Borough of
Lambeth Core Strategy (January 2011))
18. Prior to first occupation of the dwelling(s) a Post Construction Review
certificate and summary score sheet under the Code for Sustainable Homes (or
such equivalent standard that replaces this) must be submitted to and approved
in writing by the Local Planning Authority to show that a Level 4 (minimum score
68) rating has been achieved.
Reason: To ensure that the development has an acceptable level of
sustainability (Policy 35 of the London Borough of Lambeth Unitary Development
Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the
LDF Core Strategy January 2011, and Policy S7 of the London Borough of
Lambeth Core Strategy (January 2011))
19. Within three months of work starting above ground level a BREEAM Design
Stage certificate and summary score sheet (or such equivalent standard that
replaces this) must be submitted to and approved in writing by the Local
Planning Authority to show that an Excellent (minimum score 70) rating will be
achieved.
Reason: To ensure that the development has an acceptable level of
sustainability (Policy 35 of the London Borough of Lambeth Unitary Development
Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the
LDF Core Strategy January 2011, and Policy S7 of the London Borough of
Lambeth Core Strategy (January 2011))
20. Prior to first occupation of the building(s) a BREEAM Post Construction Review
certificate and summary score sheet (or such equivalent standard that replaces
this) must be submitted to and approved in writing by the Local Planning
Authority to show that an Excellent (minimum score 70) rating has been
achieved.
Reason: To ensure that the development has an acceptable level of
sustainability (Policy 35 of the London Borough of Lambeth Unitary Development
Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the
LDF Core Strategy January 2011, and Policy S7 of the London Borough of
Lambeth Core Strategy (January 2011))
Highways and Transport
21. No occupation of the development shall commence until such time as a Parking
Management Plan for the development has been submitted to and approved in
writing by the Local Planning Authority. The plan shall include full details of the
access arrangements into the car park and full details of enforcement to prevent
ad-hoc parking. Thereafter, the car parking of the development shall only be
operated in accordance with the details set out in the approved Parking
Management Plan.
Reason: To ensure appropriate management of the car parking at the site (Core
Strategy S4 and Saved UDP Policies 9 and 14).
22. No occupation of the relevant part of the development shall occur until a Delivery
and Servicing Management Plan for that relevant part has been submitted to and
approved in writing by the local planning authority. The measures approved in the
Plan shall be implemented prior to the relevant uses commencing and shall be so
maintained for the duration of the relevant uses.
Reason: To avoid hazard and obstruction being caused to users of the public
highway (Core Strategy S4 and Saved UDP Policy 9).
23. Prior to the occupation of any of the residential units hereby permitted, details
and specifications of the proposed cycle parking shall be submitted to and
approved in writing by the Local Planning Authority. The cycle parking shall be
provided in accordance with the approved details before the building hereby
permitted is occupied and shall thereafter be retained solely for its designated
use.
Reason: To ensure adequate cycle parking is available on site and to promote
sustainable modes of transport (Core Strategy S4 and Saved UDP Policy 9).
24. No occupation of the relevant part of the development shall occur until a Travel
Plan(s) for the residential and commercial uses of the development have been
submitted to and approved in writing by the Local Planning Authority. The
measures approved in the Travel Plan(s) shall be implemented prior to the
relevant use hereby permitted commencing and shall be so maintained for the
duration of the use, unless the prior written approval of the Local Planning
Authority is obtained to any variation.
Reason: To promote sustainable patterns of travel, to ensure that the travel
arrangements to both the residential and commercial uses are appropriate and to
limit the effects of the increase in travel movements (Core Strategy S4 and Saved
UDP Policy 9).
25. All existing access points not incorporated in the development hereby permitted
shall be stopped up by raising the existing dropped kerb, removing the existing
bellmouth and reinstating the footway verge and highway boundary to the same
line, level and detail as the adjoining footway verge and highway boundary either
prior to occupation of the development or in accordance with an alternative
timetable which has first been approved in writing by the Local Planning
Authority.
Reason: To limit the number of access points along the site boundary for the
safety and convenience of the highway users (Core Strategy S4 and Saved UDP
Policy 9).
Informatives
1. This decision letter does not convey an approval or consent which may be
required under any enactment, by-law, order or regulation, other than Section
57 of the Town and Country Planning Act 1990.
2. You are advised that this consent is without prejudice to any rights which may
be enjoyed by any tenants/occupiers of the premises.
3. Your attention is drawn to the provisions of the Building Regulations, and
related legislation which must be complied with to the satisfaction of the
Council's Building Control Officer.
4. Your attention is drawn to Sections 4 and 7 of the Chronically Sick and
Disabled Persons Act 1970 and the Code of Practice for Access for the
Disabled to Buildings (B.S. 5810:1979) regarding the provision of means of
access, parking facilities and sanitary conveniences for the needs of persons
visiting, using or employed at the building or premises who are disabled.
5. You are advised of the necessity to consult the Council's Streetcare team
within the Public Protection Division with regard to the provision of refuse
storage and collection facilities.
6. You are advised that this permission does not authorise the display of
advertisements at the premises and separate consent may be required from
the Local Planning Authority under the Town and Country Planning (Control
of Advertisements) Regulations 1992.
7. As soon as building work starts on the development, you must contact the
Street Naming and Numbering Officer if you need to do the following:
1. name a new street
2. name a new or existing building
3. apply new street numbers to a new or existing building
This will ensure that any changes are agreed with Lambeth Council before
use, in accordance with the London Buildings Acts (Amendment) Act 1939
and the Local Government Act 1985. Although it is not essential, we also
advise you to contact the Street Naming and Numbering Officer before
applying new names or numbers to internal flats or units. Contact details are
listed below.
Street Naming and Numbering Officer
e-mail: streetnn@lambeth.gov.uk
tel: 020 7926 2283
fax: 020 7926 9104
8. You are advised of the necessity to consult the Transport and Highways team
within the Transport Division of the Directorate of Environmental Services,
with regard to any alterations affecting the public footway.
9. You are advised of the necessity to consult the Council’s Highways team prior
to the commencement of construction on 020 7926 9000 in order to obtain
necessary approvals and licences prior to undertaking any works within the
Public Highway including Scaffolding, Temporary/Permanent Crossovers,
Oversailing/Undersailing of the Highway, Drainage/Sewer Connections,
Hoarding, Excavations (including adjacent to the highway such as
basements, etc), Temporary Full/Part Road Closures, Craneage Licences etc.
10. It is current Council policy for the Council's contractor to construct new
vehicular accesses and to reinstate the footway across redundant accesses.
The developer is to contact the Council's Highways team on 020 7926 9000,
prior to the commencement of construction, to arrange for any such work to
be done. If the developer wishes to undertake this work the Council will
require a deposit and the developer will need to cover all the Council's costs
(including supervision of the works). If the works are of a significant nature, a
Section 278 Agreement (Highways Act 1980) will be required and the works
must be carried out to the Council's specification.
11. Network Rail – Construction
Any scaffold, cranes or other mechanical plant must be constructed and
operated in a “fail safe” manner that in the event of mishandling, collapse or
failure, no materials or plant are capable of falling within 3.0m of the nearest
rail of the adjacent railway line, or where the railway is electrified, within 3.0m
of overhead electrical equipment or supports.
Any cranes or other mechanical plant equipment involved during construction
should be positioned so that their loads or jibs do not over-sail Network Rail’s
land.
12. As the application site is adjacent to Network Rail’s boundary and
operational railway infrastructure, Network Rail strongly recommends that
the developer contacts its Asset Protection Kent team at
AssetProtectionKent@networkrail.co.uk prior to any works commencing on
site and signs up to an Asset Protection Agreement with us. This will enable
Network Rail engineers to review the developments design and construction
details, which in turn will help to ensure the safety of the operational railway.
More information can also be obtained from our website at
www.networkrail.co.uk/aspx/1538.aspx.
Network Rail’s Asset Protection team are particularly interested in reviewing
more detailed plans and method statements relating to the proposed
demolition and construction works.
In addition to this, due to the proximity and position of the proposed
buildings to Network Rail’s viaduct and operational infrastructure, Network
Rail’s Asset Protection team would need to review and approve design
relating to the parts of the buildings that will be higher than the than the
adjoining viaduct.
The developer must ensure that their proposal, both during construction and
after completion of works on site, does not:
 encroach onto Network Rail land
 affect the safety, operation or integrity of the company’s railway and its
infrastructure
 undermine its support zone
 damage the company’s infrastructure
 place additional load on cuttings
 adversely affect any railway land or structure
 over-sail or encroach upon the air-space of any Network Rail land
 cause to obstruct or interfere with any works or proposed works or
Network Rail development both now and in the future
13. Natural England - Protected species
Natural England has published Standing Advice on protected species. The
Standing Advice includes a habitat decision tree which provides advice to
planners on deciding if there is a ‘reasonable likelihood’ of protected species
being present. It also provides detailed advice on the protected species most
often affected by development, including flow charts for individual species to
enable an assessment to be made of a protected species survey and
mitigation strategy.
You should apply our Standing Advice to this application as it is a material
consideration in the determination of applications in the same way as any
individual response received from Natural England following consultation.
The Standing Advice should not be treated as giving any indication or
providing any assurance in respect of European Protected Species (EPS) that
the proposed development is unlikely to affect the EPS present on the site;
nor should it be interpreted as meaning that Natural England has reached any
views as to whether a licence may be granted. If you have any specific
questions on aspects that are not covered by our Standing Advice for
European Protected Species or have difficulty in applying it to this application
please contact us at with details at consultations@naturalengland.org.uk.
Whilst the submitted information meets an acceptable standard as to
assessments for protected habitats and species, there could be a significant
delay between the original surveys and when actual site clearance and
demolition works commence should the application be approved. We
recommend that the applicant be prepared, should this occur, to undertakes a
further assessment of the site before demolition or clearance works
commence in order to ensure no features have been occupied by protected
species or habitats in the intervening period.
The applicant should also be mindful of a need to maintain a ‘watching brief’
on the application site as to protected species – particularly bats and birds during demolition/clearance and building phases. Appropriate reporting
procedures should be in place to alert staff as to findings of protected species
or their roosts/nests, and enable them to report these findings to the Local
Planning Authority, qualified ecological advisors or a statutory nature
conservation agency so that effective mitigation or compensatory measures
can be put in place to prevent destruction or loss of protected species.
Local sites
If the proposal site is on or adjacent to a local site, e.g. Local Wildlife Site,
Regionally Important Geological/Geomorphological Site (RIGS) or Local
Nature Reserve (LNR) the authority should ensure it has sufficient information
to fully understand the impact of the proposal on the local site before it
determines the application.
Impact Risk Zones for Sites of Special Scientific Interest
Natural England has recently published a set of mapped Impact Risk Zones
(IRZs) for Sites of Special Scientific Interest (SSSIs). This helpful GIS tool can
be used by LPAs and developers to consider whether a proposed
development is likely to affect a SSSI and determine whether they will need to
consult Natural England to seek advice on the nature of any potential SSSI
impacts and how they might be avoided or mitigated. Further information and
guidance on how to access and use the IRZs is available on the Natural
England website.
Biodiversity enhancements
This application may provide opportunities to incorporate features into the
design which are beneficial to wildlife, such as the incorporation of roosting
opportunities for bats or the installation of bird nest boxes. The authority
should consider securing measures to enhance the biodiversity of the site
from the applicant, if it is minded to grant permission for this application.
This is in accordance with Paragraph 118 of the National Planning Policy
Framework. Additionally, we would draw your attention to Section 40 of the
Natural Environment and Rural Communities Act (2006) which states that
‘Every public authority must, in exercising its functions, have regard, so far as
is consistent with the proper exercise of those functions, to the purpose of
conserving biodiversity’. Section 40(3) of the same Act also states that
‘conserving biodiversity includes, in relation to a living organism or type of
habitat, restoring or enhancing a population or habitat’.
Landscape enhancements
This application may provide opportunities to enhance the character and local
distinctiveness of the surrounding natural and built environment; use natural
resources more sustainably; and bring benefits for the local community, for
example through green space provision and access to and contact with
nature. Landscape characterisation and townscape assessments, and
associated sensitivity and capacity assessments provide tools for planners
and developers to consider new development and ensure that it makes a
positive contribution in terms of design, form and location, to the character
and functions of the landscape and avoids any unacceptable impacts.
14. Written schemes of investigation will need to be prepared and implemented
by a suitably qualified archaeological practice in accordance with English
Heritage Greater London Archaeology guidelines. They must be approved by
the planning authority before any on-site development related activity occurs.
15. Thames Water
Thames Water requests that the Applicant should incorporate within their
proposal, protection to the property by installing for example, a non-return
valve or other suitable device to avoid the risk of backflow at a later date, on
the assumption that the sewerage network may surcharge to ground level
during storm conditions.
Surface Water Drainage - With regard to surface water drainage it is the
responsibility of a developer to make proper provision for drainage to ground,
water courses or a suitable sewer. In respect of surface water it is
recommended that the applicant should ensure that storm flows are
attenuated or regulated into the receiving public network through on or off site
storage. When it is proposed to connect to a combined public sewer, the site
drainage should be separate and combined at the final manhole nearest the
boundary. Connections are not permitted for the removal of groundwater.
Where the developer proposes to discharge to a public sewer, prior approval
from Thames Water Developer Services will be required. They can be
contacted on 0845 850 2777. This is to ensure that the surface water
discharge from the site shall not be detrimental to the existing sewerage
system.
Thames Water would recommend that petrol / oil interceptors be fitted in all
car parking/washing/repair facilities. Failure to enforce the effective use of
petrol / oil interceptors could result in oil-polluted discharges entering local
watercourses.
Where a developer proposes to discharge groundwater into a public sewer, a
groundwater discharge permit will be required. Groundwater discharges
typically result from construction site dewatering, deep excavations, basement
infiltration, borehole installation, testing and site remediation. Groundwater
permit enquiries should be directed to Thames Water’s Risk Management
Team
by
telephoning
020
8507
4890
or
by
emailing
wwqriskmanagement@thameswater.co.uk. Application forms should be
completed on line via www.thameswater.co.uk/wastewaterquality. Any
discharge made without a permit is deemed illegal and may result in
prosecution under the provisions of the Water Industry Act 1991.
Thames Water will aim to provide customers with a minimum pressure of 10m
head (approx 1 bar) and a flow rate of 9 litres/minute at the point where it
leaves Thames Waters pipes. The developer should take account of this
minimum pressure in the design of the proposed development.
Background documents – Case file (this can be accessed via the planning Advice Desk,
Telephone 020 7 926 1180).
For advice on how to make further written submissions or to register to speak on this item,
please contact Democratic Services, 020 796 2170 or email.